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The Judicial Committee of the Privy Council Decisions
You are here: BAILII >> Databases >> The Judicial Committee of the Privy Council Decisions >> Permitting merchant vessels not belonging to the enemy to enter the ports of Heligoland without particular licences (United Kingdom) [1809] UKPC 20 (12 July 1809)
URL: http://www.bailii.org/uk/cases/UKPC/1809/1809_20.html
Cite as: 2 Acton 11, 12 ER 214, [1809] UKPC 20
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Permitting merchant vessels not belonging to the enemy to enter the ports of Heligoland without particular licences (United Kingdom) (12 July 1809)
Present - His Royal Highness the Prince Regent in Council.
Order, 6th Sept. 1811. - Granting the governor of Heligoland permission to grant licences for exportation of certain commodities from Heligoland to the ports from Norden to the Eyder, both inclusive.
Whereas it is expedient further to encourage the trade from Heligoland to and from the ports and places situated between Norden and the river Eyder both inclusive, His Royal Highness the Prince Regent, in the name and on the behalf of His Majesty, and by and with the advice of His Majesty's Privy Council, is pleased to order, and it is hereby ordered, that licences be granted by the governor or lieutenant governor of Heligoland but in His Majesty's name to such person or persons as the said governor or lieutenant governor shall think fit, allowing such person or persons to export from Heligoland direct to any port or place from Norden to the Eyder, both inclusive, any articles which shall be certified by the certifying officer at Heligoland to have been legally imported into that island from some port of the United Kingdom (not being naval or military stores) in ally vessels bearing any flag, except the French; and also to import into the said island in any such vessels from any ports or places within the limits above described, cargoes of grain, corn, meal and flour, rice, madder and madder roots, smalts, argol, galls, cream of tartar, safflower, saffron, verdigrease, olive oil, fruit, ashes, juniper berries, organzined thrown and raw silk (not being the production of the East Indies or China), quicksilver, bullion [2-Acton-11] coined and uncoined, goat, kid, and lamb skins, rags, oak bark, flax, seeds, oil of turpentine, pitch, hemp, timber, fir, oak, oak plank, masts and spars, butter and cheese, flaxen and linen yarn, drugs and hides, linens, German wool, stag horns, antimony, zaffres, French cambrics and lawns, hams, cantharides, angelica, root, terras, tobacco in legal packages, and no other articles whatever, to whomsoever the said articles may appear to belong, such articles to be specified in the bill of lading of such vessel, subject however to such further regulations and restrictions, with respect to all or any of such articles so to be exported or imported, as to the said governor or lieutenant governor of the island for the time being respectively shall from time to time seem fit and expedient.
And it is further ordered, That the commanders of His Majesty's ships of war and privateers, and all others whom it may concern, shall suffer every such vessel, sailing conformably to the permission given by this order, and having any such licence as aforesaid, to pass and repass direct between Heligoland and the ports between Norden and the river Eyder, both inclusive, in such manner and under such terms, regulations, and restrictions as shall be expressed in the said licence.
And it is further ordered, That in case any vessel so sailing as aforesaid, far which any such licence as aforesaid shall have been granted, and which shall be proceeding direct upon her said voyage, shall be detained and brought in for legal adjudication, such vessel with her cargo shall be forthwith released by the Court of Admiralty, in which proceedings shall be commenced, upon proof being, made that the parties had duly conformed to the terms, regulations, and restrictions of the said licence; the proof of such conformity to be upon the person or persons claiming-the benefit of this order or obtaining or using such licence, or claiming the benefit thereof.
And the Right Honourable, the Lords Commissioners of His Majesty's Treasury, His Majesty's Principal Secretaries of State, the Lords Commissioners of the Admiralty, and the Judge of the High Court of Admiralty, and the Judges of the Courts of Vice-Admiralty, are to take the necessary measures herein as to them shall respectively appertain.
(Signed) CHETWYND.